1983-06-03_REVISION - M1977285 (2)

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! ~ Appendix 43-C (Continued) • MEMORANDUM OF UNDERSTANDING BETWEEN THE TEXAS DEPARTMENT OF HEALTH AND THE RAILROAD COMMISSION OF TEXAS REGARDING URANIUM SURFACE MINING AND MILLING (b) The TDH shall be responsible for the approval of decommissioning and reclamation plans for ore milling and processing facilities, and for regulation of releases and disposal of effluents and wastes on the land surface. Regulation relating to all surface discharges of effluents or other liquid or solid streams fras the mill site shall be determined in cooperation with the TWC, which has primary responsibility over nonradiological aspects and impacts of such releases. 3. TAILINGS PONDS AND IMPOUNDMENTS (a) The TDH shall have primary responsibility for licensing and enforcement activities for uranium mill tailings ponds and other impoundments. The TDH shall confer with the RRC to ensure that the proposed ponds and impoundments meet TDH standards; determine the adequacy of pre-operational information provided; review and approve the applicant's design, construction, operation, moni- toring, recordkeeping, reporting, maintenance, closure, and poatclosure activities, including decommissioning, reclamation, • and revegetation; require, review, and evaluate environmental monitoring data; and determine the financial security require- ments. (b) The TDH shall be responsible for the evaluation and regulation of radiological and non-radiological impacts of the operation of tailings ponds and other impoundments that may lead to tailings accumulation and discharges or releases to the surface or subsurface; address the environmental impacts resulting from the operation; issue licenses and enforce all TDH licensing condi- tions and standards, including determination and maintenance of financial security under the Radiation and Perpetual Care Fund; coordinate the transfer of reclaimed land to the State of Texas and assume responsibility for its Long-term care and maintenance. The TDH activities, as provided herein, shall be carried out under the authority and conditions granted by its own rules and the United States Nuclear Regulatory Commission. The TDH shall work in cooperation with the TvIC in those areas where the 'LWC may have jurisdictional responsibility. 4. Applications to the RRC and the TDH shall include information required by the regulations of each respective agency. The RRC will forward one copy of any application for uranium exploration or uranium surface mining to the TDH. Information bearing on the technical merit of the applications or other substantive issues received by either agency will be forwarded to the other agency. 43 - 35 (April 1990)